jackisback
06-03 12:17 PM
Anyone used this to inform CIS of their AC-21 case since it was announced?
Any experiences??? I had sent this to my attorney for his inputs but got no response
Any experiences??? I had sent this to my attorney for his inputs but got no response
sw33t
11-04 11:52 PM
Alright folks:
I need your help. We have 87 registered members in the Texas State Chapter and we have decided to shoot for 100 by the end of this week.
If you are from Texas or know someone living in Texas, I request you to urge them to sign-up with the Texas State Chapter.
We have some exciting events coming up and please use this opportunity to get notified of local events, critical updates and action items.
Existing texas members, please keep this thread alive!
GO OPERATION 100!!!!
I need your help. We have 87 registered members in the Texas State Chapter and we have decided to shoot for 100 by the end of this week.
If you are from Texas or know someone living in Texas, I request you to urge them to sign-up with the Texas State Chapter.
We have some exciting events coming up and please use this opportunity to get notified of local events, critical updates and action items.
Existing texas members, please keep this thread alive!
GO OPERATION 100!!!!
chakdepatte
11-11 09:29 AM
go to uscis.gov and sign up for e-filing. fill in the I-131 form for urself and wife et al. u will seriously save a ton of money that can be done in 15 minutes and follow uscis instructions only.
did that 3 months ago. got an RFE about photographs not being compliant with us passport requirements. sending response as I type.
all the best
-chakdepatte
did that 3 months ago. got an RFE about photographs not being compliant with us passport requirements. sending response as I type.
all the best
-chakdepatte
.jpg "Siamese+twins+minnesota")
EB-VoiceImmigration
08-14 01:07 AM
can i apply one more I-140 , and what will be my case in this situation
If you tranfer ur H1 to new employer, i think u need to start green card process from the beginning. your old approved labor no longer valid and also u can not port ur PD.
If you I-140 approved (then I dont think u will do H1 transfer), still same process above but I think u can port your PD.
But like other members suggested, please consult attorney.
If you tranfer ur H1 to new employer, i think u need to start green card process from the beginning. your old approved labor no longer valid and also u can not port ur PD.
If you I-140 approved (then I dont think u will do H1 transfer), still same process above but I think u can port your PD.
But like other members suggested, please consult attorney.
more...
ssss
08-03 08:25 PM
Forgetting passwds is normal, especially for IT guys :D
Aah_GC
07-11 07:07 PM
His PD is July 2006. He would have gotten the 2 year EAD either way. EB2 India is June 01 2006.
Isn't there a rule that talks about folks getting their 2 year EAD only if they are two years (or some timeframe) away from their PD?
Isn't there a rule that talks about folks getting their 2 year EAD only if they are two years (or some timeframe) away from their PD?
more...
FredG
June 25th, 2006, 09:01 PM
I suspect you're in the majority, Nik. I figured the baby jogger would provide sufficient cover. :)
kaisersose
06-04 10:30 AM
Your lawyer is correct. Since you are from India, you cannot apply for 485 at this time and hence you cannot get an EAD.
You can apply for your 140-NIW and wait for your EB2 PD to become current - whenever that happens.
Alternatively, you can check with your lawyer if you qualify for EB1 - extraordinary ability. In that case, the PD for India is current and you will be eligible for 485 immediately.
You can apply for your 140-NIW and wait for your EB2 PD to become current - whenever that happens.
Alternatively, you can check with your lawyer if you qualify for EB1 - extraordinary ability. In that case, the PD for India is current and you will be eligible for 485 immediately.
more...
sreeanne
01-02 06:37 PM
I have few questions on filling AP document.
1) What could be the best reason to write on 131 document. USCIS says it should be family emergency or business. I am going on family visit. If i write "Family visit" will it be a problem ie RFE from USCIS saying that reason for travel is not good or something else.
2) I live in Phoenix, Arizona. Should i send 131 to texas service center or california. All my 485 & 140 were with TSC. Coz when i goes to USCIS website, Arizona state is not covered by TSC.
Please reply.
Thanks in advance
sree
1) What could be the best reason to write on 131 document. USCIS says it should be family emergency or business. I am going on family visit. If i write "Family visit" will it be a problem ie RFE from USCIS saying that reason for travel is not good or something else.
2) I live in Phoenix, Arizona. Should i send 131 to texas service center or california. All my 485 & 140 were with TSC. Coz when i goes to USCIS website, Arizona state is not covered by TSC.
Please reply.
Thanks in advance
sree
smitin_2000
03-04 08:29 PM
congrates buddy, ur loooooooooong wait come to a happy end by being greened, best of luck for moving forward :D
more...
GCBy3000
11-09 03:38 PM
Courtesy notice will clearly say it is a courtesy notice. If you are sure it is H1b approval, then you have to leave the country and get it stamped before your current I94 expires.
You cannot wait to get it stamped until you travel outside. Someone said so earlier, so I want to clarify that it is not correct.
What you received by mail is a courtesy notification that your case is approved, with the space for I-94 is blank. The original H1 Approval notice with I-94 will be sent to the lawyer. You may wait for a week or two.
You cannot wait to get it stamped until you travel outside. Someone said so earlier, so I want to clarify that it is not correct.
What you received by mail is a courtesy notification that your case is approved, with the space for I-94 is blank. The original H1 Approval notice with I-94 will be sent to the lawyer. You may wait for a week or two.
LostInGCProcess
11-05 04:39 PM
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.
more...
franklin
07-17 06:06 PM
Talk is cheap guys, put your money where your mouth is so we can continue fighting for us all! The battle is won, the war is far from over
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute
:D
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute
:D
msp1976
01-11 11:34 AM
Hello All,
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
No ..There would be no problem...
In fact tell the lawyer to attach the 140 application receipt to the H1 extension and ask for a 3 year extension..at least 1 year they got to give...
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
No ..There would be no problem...
In fact tell the lawyer to attach the 140 application receipt to the H1 extension and ask for a 3 year extension..at least 1 year they got to give...
more...
jediknight
04-05 09:56 AM
Has anyone on a EAD or H1 taken a FHA house loan?
FHA Loan Refinance and FHA Home Loans | Mortgages (http://www.fha.com/)
Let FHA Loans Help You - HUD (http://www.hud.gov/buying/loans.cfm)
Would be interested in hearing your experiences.
- JK
FHA Loan Refinance and FHA Home Loans | Mortgages (http://www.fha.com/)
Let FHA Loans Help You - HUD (http://www.hud.gov/buying/loans.cfm)
Would be interested in hearing your experiences.
- JK
JunRN
08-18 01:28 PM
Speculation is always part of one's life. We want to know our future options, that's why we speculate. Some speculations are deduction from facts and some are just inference. We cannot avoid speculating. What we can do is trying to know which speculation is nearer to the truth and which ones are not.
more...
Blog Feeds
12-05 09:20 PM
This great summary is provided by AILA with the guidance of Amy Fox-Isicoff. The EB5 program is of great interest to many applicants, especially those with the means to participate. he EB-5, Green Card through investment, was created to promote investments in businesses and to create and preserve jobs in the U.S. You can become a lawful permanent resident by establishing a new commercial enterprise and provide full-time employment to at least ten U.S. citizens, legal permanent residents, or other immigrants with employment authorization.
Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. � 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.
Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center."
What is a Regional Center (RC)?
A RC is a proposed business venture often located in a targeted unemployment area supported by an econometric model based on a business plan forecasting indirect and/or direct job creation. Normally, RCs are located in areas of high unemployment or rural areas and require a $500,000 investment. However, some RCs are not located in targeted employment areas and therefore require investments of $1,000,000. An investor in an RC is not required to be actively involved in the management of the investment as long as the investor is a limited partner under the Uniform Limited Partnership Act. An RC normally structures one or more new commercial enterprises (NCE) that receive capital from investors to engage in direct or indirect job creation project or projects.
What does RC designation by USCIS mean?
It means that USCIS has reviewed the proposed business plan, any accompanying econometric model, location, and proposed job creation and has determined that the proposed business plan meets the requirements of The Immigrant Investor Pilot Program, created by Section 610 of Public Law 102-395 on October 6, 1992.
Are all RCs that have received designation from USCIS operational?
No, actually only a small percent of designated RCs are operational and have been the basis for approved I-526 Immigrant Petitions by Alien Entrepreneur. Even a smaller percentage have approved I-829 Petitions to Remove Conditions on Residence.
Is USCIS required to conduct background checks on RC managers or directors?
No.
Does USCIS monitor the performance of RCs?
No. USCIS has sent out questionnaires to RCs, but it is not clear at this time what USCIS is doing with the information obtained from the questionnaires.
Does USCIS publish a list of operational RCs and those with approved I-526 and I- 829 petitions?
While USCIS does publish a list of designated RCs, it does not publish which RCs are operational or which RCs have approved or denied I-526 and/or I-829 petitions.
If an RC is designated by USCIS, are all NCEs formed in the RC automatically
approved?
No, each NCE within the RC must meet the requirements of the requisite investment amount and job creation. If the NCE will be investing in another business, that business must meet the requisite employment creation.
Is there a process whereby USCIS provides pre-approval of an NCE within an RC?
Yes. USCIS has recently created a pre-approval process. However, this process is not taken advantage of by many RCs as the time to obtain pre-approval of an NCE can be extensive, inordinately delaying the NCE from receiving funds from investors. The preapproval process is so new that it has not been adequately time tested.
If USCIS has approved a number of I-526 petitions for an NCE or pre-approved an NCE is it a guarantee that future petitions for the same NCE will also be approved?
No. USCIS will always examine the source and path of funds of the individual investor and failure to carefully document this can result in the denial of the I-526 petition. More baffling is that on frequent occasions, USCIS has raised questions pertaining to NCEs that have a long track record of approvals, and USCIS can also raise questions pertaining to NCEs that have been pre-approved. USCIS has also raised questions concerning an NCE�s qualifications after approving an I-526, at the I-829 stage. Thus, prior approvals for the same NCE, pre-approval of an exemplar petition for an NCE and even the approval of an investor�s I-526 for a particular NCE, does not mean that the NCE will not be further scrutinized by USCIS.
What happens to an investor who invests in an NCE that never gets off the ground?
The initial I-526 petition may be approved based on the business plan and supporting documents, but the I-829 petition to remove conditions on residence will be denied.
If either the I- 526 or I- 829 is denied, will the invested funds be returned to the
investor?
This depends to some extent on the agreement between the investor and the RC. Some RCs hold funds in escrow pending approval of the I-526. Others do not. At the I-829 stage, it is doubtful that funds will be returned if the I-829 is denied as the funds must have been placed at risk in order for the I-526 to be approved in the first place. See Matter of Izumii, 22 I&N Dec. 169 (Assoc. Comm. 1998). The RC cannot provide any guarantee of the return of the invested funds if the I-829 is denied.
What happens to an investor if the I-829 is denied by USCIS?
The investor can renew the I-829 in removal proceedings before an immigration judge. If the I-829 is denied by the judge, the investor can appeal to the Board of Immigration Appeals and to federal court. If the investor does not prevail, the investor can be deported.
More... (http://www.visalawyerblog.com/2010/12/eb5_visa_attorney_san_diego_ev.html)
Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. � 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.
Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center."
What is a Regional Center (RC)?
A RC is a proposed business venture often located in a targeted unemployment area supported by an econometric model based on a business plan forecasting indirect and/or direct job creation. Normally, RCs are located in areas of high unemployment or rural areas and require a $500,000 investment. However, some RCs are not located in targeted employment areas and therefore require investments of $1,000,000. An investor in an RC is not required to be actively involved in the management of the investment as long as the investor is a limited partner under the Uniform Limited Partnership Act. An RC normally structures one or more new commercial enterprises (NCE) that receive capital from investors to engage in direct or indirect job creation project or projects.
What does RC designation by USCIS mean?
It means that USCIS has reviewed the proposed business plan, any accompanying econometric model, location, and proposed job creation and has determined that the proposed business plan meets the requirements of The Immigrant Investor Pilot Program, created by Section 610 of Public Law 102-395 on October 6, 1992.
Are all RCs that have received designation from USCIS operational?
No, actually only a small percent of designated RCs are operational and have been the basis for approved I-526 Immigrant Petitions by Alien Entrepreneur. Even a smaller percentage have approved I-829 Petitions to Remove Conditions on Residence.
Is USCIS required to conduct background checks on RC managers or directors?
No.
Does USCIS monitor the performance of RCs?
No. USCIS has sent out questionnaires to RCs, but it is not clear at this time what USCIS is doing with the information obtained from the questionnaires.
Does USCIS publish a list of operational RCs and those with approved I-526 and I- 829 petitions?
While USCIS does publish a list of designated RCs, it does not publish which RCs are operational or which RCs have approved or denied I-526 and/or I-829 petitions.
If an RC is designated by USCIS, are all NCEs formed in the RC automatically
approved?
No, each NCE within the RC must meet the requirements of the requisite investment amount and job creation. If the NCE will be investing in another business, that business must meet the requisite employment creation.
Is there a process whereby USCIS provides pre-approval of an NCE within an RC?
Yes. USCIS has recently created a pre-approval process. However, this process is not taken advantage of by many RCs as the time to obtain pre-approval of an NCE can be extensive, inordinately delaying the NCE from receiving funds from investors. The preapproval process is so new that it has not been adequately time tested.
If USCIS has approved a number of I-526 petitions for an NCE or pre-approved an NCE is it a guarantee that future petitions for the same NCE will also be approved?
No. USCIS will always examine the source and path of funds of the individual investor and failure to carefully document this can result in the denial of the I-526 petition. More baffling is that on frequent occasions, USCIS has raised questions pertaining to NCEs that have a long track record of approvals, and USCIS can also raise questions pertaining to NCEs that have been pre-approved. USCIS has also raised questions concerning an NCE�s qualifications after approving an I-526, at the I-829 stage. Thus, prior approvals for the same NCE, pre-approval of an exemplar petition for an NCE and even the approval of an investor�s I-526 for a particular NCE, does not mean that the NCE will not be further scrutinized by USCIS.
What happens to an investor who invests in an NCE that never gets off the ground?
The initial I-526 petition may be approved based on the business plan and supporting documents, but the I-829 petition to remove conditions on residence will be denied.
If either the I- 526 or I- 829 is denied, will the invested funds be returned to the
investor?
This depends to some extent on the agreement between the investor and the RC. Some RCs hold funds in escrow pending approval of the I-526. Others do not. At the I-829 stage, it is doubtful that funds will be returned if the I-829 is denied as the funds must have been placed at risk in order for the I-526 to be approved in the first place. See Matter of Izumii, 22 I&N Dec. 169 (Assoc. Comm. 1998). The RC cannot provide any guarantee of the return of the invested funds if the I-829 is denied.
What happens to an investor if the I-829 is denied by USCIS?
The investor can renew the I-829 in removal proceedings before an immigration judge. If the I-829 is denied by the judge, the investor can appeal to the Board of Immigration Appeals and to federal court. If the investor does not prevail, the investor can be deported.
More... (http://www.visalawyerblog.com/2010/12/eb5_visa_attorney_san_diego_ev.html)
ita
11-12 09:42 AM
My wife's EAD was also sent back even though we haven't moved. She got all her other receipts. I didn't have her name in the mail box. Wondering if it is the reason but again she got all her receipts, ad parole. We called USCIS they opened a Service Request. It will take a month minimum.
What is the # u called to talk to CSR?
What is the # u called to talk to CSR?
siravi
08-20 06:15 AM
Unless, people realize that it is in their interest to spread this grass root effort it is all futile. Do you guys really think that distributing fliers by four guys at the parade is going to make a difference.
Though I really commend what these guys did and they were truly heroes but if I were them, then based on the turn out (only 4 people) I would have decided to go back.
After all, these were not doing only for themselves but for every one else too.
What a pitty! :mad:
Glad you did not turn back!
Thank you for plugging on and setting a great example! Great job, Sanjeev, Raj, Murali and Kumar, Thank You !!
Though I really commend what these guys did and they were truly heroes but if I were them, then based on the turn out (only 4 people) I would have decided to go back.
After all, these were not doing only for themselves but for every one else too.
What a pitty! :mad:
Glad you did not turn back!
Thank you for plugging on and setting a great example! Great job, Sanjeev, Raj, Murali and Kumar, Thank You !!
thomachan72
06-13 08:16 AM
Great point.. core team should develop a strategy and share it with entire group as to how they are working towards getting these ammendments in and whom are they approaching ....
Wonderful point peer123!! Core members have their contact numbers listed on this site somewhere. It would be ten times better if you would personally call them or meet them personally and get answers for your questions :) Does that sound reasonable?? Many of our american disilusioned brothers/sisters are visiting our site periodically/regularly to see what we are upto. They think their salaries will rise once H1b visas are eliminated. "How Sad". Anyway, as I said call or meet with the core group personally and get your answers, OK. Rest of us dont want them posting any such information on this site.
Wonderful point peer123!! Core members have their contact numbers listed on this site somewhere. It would be ten times better if you would personally call them or meet them personally and get answers for your questions :) Does that sound reasonable?? Many of our american disilusioned brothers/sisters are visiting our site periodically/regularly to see what we are upto. They think their salaries will rise once H1b visas are eliminated. "How Sad". Anyway, as I said call or meet with the core group personally and get your answers, OK. Rest of us dont want them posting any such information on this site.
nozerd
02-01 12:59 PM
At POE they will ask you for an address for the PR card. Normally at land border they are strict and wont take a friends address etc. At airport they tend to be easier on you in accepting any address.
You dont need to do anything else. You may apply for a SIN number (Canada equivalent for an SSN) so that in the future if and when you do move there you can start working from day 1 because YOU WILL need SIN to work in Canada.
Many also start a bank account to show ties. You can do this depending on how much chance you think there is if you move there in the next 3 yrs before you loose your PR status.
You dont need to do anything else. You may apply for a SIN number (Canada equivalent for an SSN) so that in the future if and when you do move there you can start working from day 1 because YOU WILL need SIN to work in Canada.
Many also start a bank account to show ties. You can do this depending on how much chance you think there is if you move there in the next 3 yrs before you loose your PR status.
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